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phyllis123

Junior Member
I'm in MD. I'm contemplating taking a business to small claims court. I've done some research via the internet to see what was involved in doing this in my state. I found that in my state (MD) the defendant has 12 years to pay off the debt should I win. Does this mean that they have the option to purposely drag this payment out for 12 years even when it's obvious they have the funds to pay me immediately?
 


J

JenniferH

Guest
It only means that a judgment is good for 12 years, before your 12 years expires you may renew your judgment for another 12 years.

After you get your judgment, you may do several things to enforce the judgment, if the debtor refuses to pay.

They are: Oral Examination (haul into court to ask questions to the debtor of assets, etc.)

If they don't show, issue a show cause hearing (contempt of court/failure to appear).

You can also levy on known bank accounts in company name.

Also incoming accounts recievables.

Lien on property (business name only, or see note below)

Of course they can stall all they want, you as creditor have the sole responsibility to collect your money.

If company files bankruptcy, then Fed. law mandates ceasing of collection efforts.

Should you need further assistance of have more questions, feel free to email me or post. I do judgment recovery in Maryland.

PS: if you can show that the owner (individual) is personally liable for the debt as well, file your complaint: John Doe, T/A ABC Company. This way he is liable for debt personally as well.
 

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